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Form a Business

Payment of expenses.

O.C.G.A. § 14-2-746
in effect
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14-2-746. Payment of expenses. (a) On termination of the derivative proceeding, the court may: (1) Order the corporation to pay the plaintiff's reasonable expenses, including attorneys' fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or (2) Order the plaintiff to pay any defendant's reasonable expenses, including attorneys' fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose. (b) For the purposes of subsection (a) of this Code section, the term 'substantial benefit to the corporation' does not include additional or amended disclosures made to shareholders, regardless of materiality. (Code 1981, § 14-2-746, enacted by Ga. L. 1988, p. 1070, § 1.) (Amended by Ga. L. 2026, Act 460 (HB 1185), eff. July 1, 2026.)
Source: Official Code of Georgia (Legislative Counsel's copy via Public.Resource.Org) + acts (legis.ga.gov)URL: https://www.legis.ga.gov/api/legislation/document/20252026/248645Fetched: 10/24/2026

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